Legal And Ethical Conundrums In Assisted Reproductive Technologies: A Critique Of Transnational Perspectives
- IJLLR Journal
- 6 days ago
- 1 min read
Shayani Chakraborty, Department of Law, University of Calcutta, Hazra Campus, 51/1, Hazra Road, Kolkata-700019, West Bengal, India
Adamas University, Adamas Knowledge City, Barasat – Barrackpore Road, Jagannathpur, 24 Parganas (North), Kolkata – 700 126, West Bengal, India
ABSTRACT
‘It always seems impossible until it’s done.’— Nelson Mandela
Women possess an inherent right to procreation as bestowed by nature. Health crises and reproductive issues have rendered modern reproduction a significant critical complication. Although adequate medical care in reproduction is available, it can often prioritise profit for clinical and hospital facilities, thereby jeopardising the lives and health of young women globally. This research critically examined the legal and ethical complexities surrounding Assisted Reproductive Technologies (ART) in India and across transnational contexts. It had been observed that while ART revolutionized reproductive opportunities for infertile couples, it also introduced significant legal ambiguities and ethical dilemmas, particularly concerning consent, commodification, and the rights of children born through such technologies. Through a case-based analysis, this study found that while regulatory interventions strengthened protections for women and surrogate mothers, gaps remained, especially in balancing reproductive autonomy with ethical safeguards. On a transnational level, disparities in regulations resulted in legal uncertainties, child statelessness, and cross-border exploitation. Overall, the research emphasized the urgent need for an internationally harmonized, rights-based approach to regulate ART while respecting socio- cultural specificities.
Keywords: Assisted Reproductive Technology, Surrogacy, Legal Framework, Ethical Challenges, Women's Rights, Transnational ART, ART Regulation India,
